E-2 Investor and E-2 Employee: Understanding the Treaty Investor Visa
Navigate the path to establishing or working for a U.S. business through the E-2 Treaty Investor Visa program. Whether you're an investor or specialized employee, discover how this visa category can open doors to American entrepreneurship.
What Is the E-2 Visa?
The E-2 visa is a specialized nonimmigrant visa available exclusively to nationals from countries with qualifying trade treaties with the United States. It enables foreign entrepreneurs to invest in and operate U.S. businesses, while also allowing qualified employees from the same country to work in these enterprises.
Designed to stimulate the U.S. economy through foreign investment and job creation, the E-2 visa serves as a powerful vehicle for international business expansion and cross-border entrepreneurship.
E-2 Investor vs. E-2 Employee: Key Differences
Ownership Requirements
Investors must own at least 50% of the U.S. business, while employees have no ownership requirements.
Job Functions
Employees must serve in executive, managerial, or essential skills positions that require specialized expertise.
Nationality
Both investors and employees must be nationals of a treaty country, sharing the same nationality.
E-2 Investor: Eligibility and Role
Nationality Requirement
Must be a citizen of a country that maintains a qualifying treaty of commerce and navigation with the United States.
Substantial Investment
Must commit sufficient capital to ensure the successful operation of the enterprise. The amount varies by industry but must be significant relative to the business type.
Active Management
Must demonstrate the ability to develop and direct the enterprise. The business cannot be passive or speculative in nature.
E-2 Employee: Eligibility and Role
E-2 employees must share the same nationality as the business owner and can only work for the qualifying E-2 enterprise. They must be employed in one of three specific capacities:
Executive Positions
Roles that primarily direct the management of the organization with wide decision-making authority.
Managerial Positions
Roles that supervise and control the work of professional employees and manage the organization, department, or subdivision.
Essential Skills
Specialists with skills that are essential to the efficient operation of the enterprise and not readily available in the U.S. workforce.
Application Requirements and Process
Required Documentation
- Proof of nationality (passport)
- Evidence of investment funds and their legitimate source
- Comprehensive business plan
- Business registration and ownership documents
- Financial projections and job creation plans
Application Steps
- Prepare and compile all required documentation
- Submit DS-160 online nonimmigrant visa application
- Pay visa application fee
- Schedule and attend visa interview at U.S. consulate
- Await visa decision (typically 2-4 weeks)
Rights, Limitations, and Obligations
Duration of Stay
Initial period of up to two years with possible extensions as long as the qualifying business remains operational.
Family Benefits
Spouses may apply for work authorization, and dependent children under 21 can attend school in the U.S.
No Direct Path to Green Card
E-2 status does not lead directly to permanent residency, though other immigration pathways may be pursued concurrently.
Business Maintenance
Must maintain active business operations and comply with all tax and reporting requirements to preserve visa status.
Frequently Asked Questions & Summary
What is a "substantial" investment?
The investment must be sufficient to ensure the successful operation of the enterprise. While no minimum dollar amount exists, it generally ranges from $100,000 to $250,000 depending on the business type.
How long can I stay on an E-2 visa?
Initial visas are typically granted for 2-5 years depending on the treaty country, with unlimited renewals possible as long as the business remains viable and qualifications are maintained.
What happens if I sell my business?
Selling or significantly changing the ownership structure typically terminates E-2 status, requiring either departure from the U.S. or transition to another visa category.